Frequently asked questions relating to the Aviva Equity Release Conveyancing Panel
from members of the public
A solicitor my husband and I wanted to use for conveyancing on a remortgage said she will levy higher legal fees if my mortgage is with Aviva Equity Release due to their unusual legal requirements. Am I likely to be frustrated using Aviva Equity Release? Is Aviva Equity Release conveyancing so much more difficult?
Aviva Equity Release conveyancing requirements for their panel are no better or no more complicated than most lenders.
It is the case now the CML Handbook, the "bible" used by solicitors to establish lender requirements, is different for each lender.
It is not clear if your lawyer is on the Aviva Equity Release conveyancing panel. If they are not, this does add further risk of delay as Aviva Equity Release will appoint their own solicitors to look after their interest.
Our lawyer has discovered a defect with the lease for the apartment we are buying. The other side have suggested defective title insurance as a solution. We are content with insurance and will pay for it. Our lawyer says that as he is on the Aviva Equity Release conveyancing panel he must ensure that the lender is happy with this solution. Are we the client or is Aviva Equity Release?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and Aviva Equity Release are the client. A precondition to being on the Aviva Equity Release approved panel is to comply with the CML Handbook requirements (last updated for this lender on Aviva Equity Release). The CML Handbook conditions require your lawyer to disclose issues such as defects will the lease so that Aviva Equity Release can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
Having used your search tool I can't find the lawyer I was hoping to instruct as being on the Aviva Equity Release conveyancing panel. My lawyer has said that they are on the Aviva Equity Release approved panel. How can I be sure given that they are not listed on your directory?
Not all firms are yet listed on our lender panel search tool which is still relatively new. Law firms are listing on a daily basis and it is probably the case that your lawyer is on the Aviva Equity Release conveyancing lawyer and you should probably take them at their word. Please do feel free to suggest that they completing their listing on our site as it would only cost them £1 a month to list themselves as being on the Aviva Equity Release solicitor panel.
My lawyers in Birmingham have advised me that no longer have my conveyancing file. At the time of my purchase I took out a mortgage with Aviva Equity Release. Is it case that being on the Aviva Equity Release conveyancing panel they need to have retained the file for a prescribed period?
Different lenders have different requirements but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the Aviva Equity Release Conveyancing Panel Terms. It might be worth you contacting Aviva Equity Release directly.
is it true that all solicitors on the Aviva Equity Release conveyancing panel overseen by the SRA?
As solicitors, in order to be on the Aviva Equity Release conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. Many lenders do allow licenced conveyancers on their panel in which case such firms would be regulated by the Council of Licensed Conveyancers (CLC).
We have a mortgage agreed in principle with Aviva Equity Release. Solicitors have been chosen? How long does it take for Aviva Equity Release to send the offer to our conveyancer
There is no definitive answer here. Have Aviva Equity Release done the valuation? Have you advised Aviva Equity Release as your lawyers details and checked that your lawyer is on the Aviva Equity Release conveyancing panel? It is not unusual for a mortgage offer to take a month to come through
We expect to receive a DIP from Aviva Equity Release this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc).Do the Aviva Equity Release recommend a solicitor on the Aviva Equity Release conveyancing panel, or is it better to find our own lawyer
You will need to appoint solicitors independently although you'll need to choose one on the Aviva Equity Release conveyancing panel. The solicitor represents both you and the Aviva Equity Release through the process.